The Clatsop County District Attorney, Josh Marquis, says that following a two month investigation he has determined that the May 7th shooting of Bruce Ross Rodgers at a Warrenton apartment was done in self defense.

Calling it justifiable homicide, the DA says the case will not be submitted to the grand jury for review since the facts don't present a close question regarding the victim's use of force in this case. Marquis said Thursday that 39-year-old Bruce Ross Rogers of Astoria was dangerous.

Rodgers had been arrested on April 7, 2013 on charges of assault, coercion, strangulation and interfering with making a report pending at the time of his death. Marquis further says Rodgers had been directed by the court to have no contact with the victim or the premises where the shooting occurred.

Police responded to the apartment on May 7 after a report that a man had broken in, claimed to have a gun and was threatening to kill 46-year-old Jennifer Ann Livingston.

Livingston was in the residence with her two teenage daughters and a daughter's 19-year-old boyfriend.

The four locked themselves in a bedroom and stayed on the line with emergency dispatchers. Evidence showed Rogers was fatally shot when he broke through the bedroom door.

Marquis says Rodgers was shot in the act of committing a burglery and attempting to commit a felony involving the use of physical force against the victim, who KAST news learned at the time was the same victim in Rodgers' April 7th arrest. Marquis had told KAST News around the time of the shooting that it was already likely no charges would be filed. The investigation confirmed his inital impression.

Marquis quotes Oregon law that allows for the use of deadly force against another person only when a person reasonably believes the other person is committing, or attempting to commit a felony involving the use or threatened imminent use of physical force against a person or committing or attempting to commit a burglery in a dwelling or using or about to use deadly physical force against a person.